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Terms of Service

February 26, 2010

Welcome to the new GalleryAC online physical and digital download store. This service is provided to you by Arts&Crafts Productions Inc (A&C).

Arts&Crafts Productions is committed to providing an excellent user experience to you when you use GalleryAC. If you have any questions or queries about the digital service or these terms and conditions we would be pleased to assist you. Please contact customer support.

ABOUT ARTS & CRAFTS PRODUCTIONS
Arts & Crafts Productions Inc is a company registered in the Province of Ontario with its business operating at 460 Richmond St W #402 in Toronto, Ontario, Canada.

ACCEPTANCE OF TERMS
In order for A&C to provide the digital services to you, you must agree to be bound by these terms. These terms will form a legally binding contract between A&C and you so please do take the time to read these terms and make sure you understand them. If you use the website or the services on the website you will be agreeing to accept these terms. If you do not agree to accept these terms you must not use the website or the services.

RIGHT TO AMEND
A&C reserve the right to change, modify, add to, or delete portions of these terms at any time including to reflect changes affecting the website services/capability, technology, licensing arrangements, payment methods, relevant laws and regulatory requirements.

If A&C do change the terms, we will post the changes on this page and will indicate the effective date at the top. You are responsible for regularly reviewing these terms so that you are aware of any changes. Your continued use of the website and the Services (as defined below) after any such changes constitutes your acceptance of the new terms and you will be subject to the policies and terms in force at the time that you order digital items from us.

SERVICES
This website provides digital media download designed to enable you to purchase legal digital media. The Services are for your own personal and non-commercial use and you are not authorized to make any copies of any downloads other than for your own personal non-commercial use. You are not authorized to make any copies of streams.

This website also provides physical products designed to enable you to purchase and have said items shipped to a location of your choosing. You are not authorized to make any copies of any physically purchased items other than for your own personal non-commercial use.

FORMAT
The standard format offered on this website is MP3 and FLAC.

PREVIEWS
From time to time we may offer Previews. A “Preview” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the website on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or assist others’ attempts) to capture, copy, or download a Preview.

HARDWARE
You will need certain items of hardware and access to the internet in order to use the Services. You must provide these are your own cost. Without limiting any provision herein, A&C makes no warranty that any particular computer, portable device, or other hardware will be compatible with this website/the Services. It is your responsibility to ensure that your hardware and playback system(s) will function correctly with the Services. Please contact our customer support team if you have any queries on this and we will aim to assist you as best we can.

Age restrictions on use of the services
You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these terms to your parent or legal guardian, and he or she may consent to them on your behalf. Children under the age of 13 may not register for the Services and parents or legal guardians may not register on their behalf.

Children and parental supervision
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children to access and use the Services should supervise such access and use. It is the parent/guardian's responsibility to determine which, if any, parts of the Services are suitable for your child to access. Parents/Guardians are fully responsible for their child's use of the website/Services, including all financial charges and legal liability that they may incur. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

Territorial restrictions on use of the Services
In some cases some items for sale on this site will be available only to customers residing in specific countries.

Objectionable Material
You understand that by using the Services, you may encounter content that may be deemed explicit, offensive, indecent or objectionable, which content may or may not be identified as such. Please bear this in mind as you agree to use the Services at your risk and A&C will not be liable to you for content that may be found to be explicit, offensive, indecent or objectionable. We may label some items as “explicit” or "parental advisory" but cannot guarantee we will do this nor guarantee the accuracy of any descriptions provided on this website.

SALES PROCESS – PLACING AN ORDER, DELIVERY AND REFUNDS
How the contract is formed - The contract for the purchase of any item will be between you and A&C and will only be formed when A&C make the item available for sale and it has received payment in full for the item. Until A&C makes the item available for sale and receives payment in full there is no contract between you and A&C for the item. A&C reserve the right, in its sole discretion to reject any order it receives.

Availability - All items featured on the website are subject to availability. We reserve the right to change or remove content on the website at any time without notice or liability to you.

Price – Subject to the section below on incorrect prices, the price of any item will be as quoted on this website at the then current time, except in the case of obvious error. Prices are subject to change at any time and are subject to taxes, shipping and handling charges as required.

Incorrect prices - We use our best efforts to ensure that the prices of items displayed on our website are correct. However, the website contains a number of items and it is always possible that, despite our best efforts, some may be incorrectly priced. We are under no obligation to provide the items to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from any contract in the case of obvious and unmistakable pricing errors.

Payment methods - Payment for all items must be by one of the payment methods displayed on our website at the then current time (details here). By providing the details of a credit or debit card to be billed, you confirm that you are authorized to purchase the digital items and that you are the holder of the relevant card or debit card or are expressly authorized to use such.

Refunds/returns - All sales of digital items are final, non-exchangeable and non-refundable. You are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. If you have a faulty, incorrect or incomplete download please contact customer support. We will replace any such faulty or damaged digital item if reasonably possible or we may issue a refund. You must notify us of any such fault or damage within a reasonable period of time of download of the digital item. If you fail to notify us within a reasonable time, we will have no liability to you.

A&C will gladly accept unworn, unwashed or defective physical merchandise for return or exchange within 30 days from the date of shipping. If you have any questions about the size or specifications for an item, please do not hesitate to contact us prior to your purchase. We can be reached at support@galleryac.com.

To return an item, please following these steps:

1) Contact support@galleryac.com with you return request.
You must include your:
- Name

- Order number

- Date of order

- Reason for refund

2) Send the item to the following address:

GalleryAC

460 Richmond St. West
, Suite 402

Toronto, Ontario
M5V 1Y1
 Canada

Attn: Returns


Customers are responsible for the return shipping cost and any customs or taxes for the shipment. GalleryAC will not accept COD return packages.

3) Once the item has arrived at our office, we will email you with this confirmation and refund the price paid for the item back to the original payment method.

REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
Registration and use of services - By registering for the Services, you represent that (i) you have read, understood and agree to be bound by these terms; (ii) you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal are aged 13 or over; and (iii) you have provided accurate and truthful information in the registration process. By using the Services you represent that (i) you are of the required legal age where an item has an age classification; (ii) you are purchasing items only for private non-commercial use; and (iii) you comply with the territorial restrictions set out in these terms above. Password Security - Some Services require you to open an account and you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password. You agree that we will be entitled to assume that any person logging into the website using the Services using your username and password is either you or someone doing so with your permission. You are responsible for any use of the website/Services under your username and password, including all financial charges and legal liability. We recommend that you change your password from time to time to assist with security.

Unauthorized Access - If you believe someone has accessed any Service using your username and password without your authorization, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security. Personal Information – By using the Services and/or registering you agree we may hold, store and use the personal information you provide for the purpose of providing the Services. For further information on this please see our privacy policy below.

YOUR USE OF THE WEBSITE/SERVICES AND CONTENT ON THE WEBSITE
Intellectual Property on this website - The website and its look and feel (including without limitation the website design, text, graphics and all software and source codes connected with the website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. Excluding the digital items, none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of A&C. You may use the for-sale items in accordance with the remainder of these terms.

Content Usage Rules
You are authorized to use the digital items only for personal, non-commercial use, and you are not permitted to redistribute, sell, rent, lend, transfer, assign, transmit, broadcast, adapt, edit, commercially exploit or sublicense digital items made available through this website;
You will not use the website/Services for any purpose that is unlawful or prohibited by these terms;
You agree not to use any information, digital item or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with or modify any security technology or software that is part of the Services or used to administer the Content Usage Rules, or interfere with, remove or alter any rights management information on the digital item;
You agree the delivery of digital items does not transfer to you any commercial or promotional use rights in them.
Nothing in these terms grants to you any rights in any digital item other than those expressly set out herein.

Uploaded/posted material – There may be areas on the website/Services where you can upload material or post comments. A&C does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you grant A&C a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such material.
You agree not to:
- Use the website/Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
- threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
- make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the website, Services, computer or property of another;
- collect or store personal information about others, including email addresses;
- advertise or offer to buy or sell goods or services for any commercial purpose;
- impersonate any person or entity for the purpose of misleading others;
- violate any applicable laws or regulations;
- use the website/Services in any manner that could damage, disable, overburden or impair the website/Services or interfere with any other party's use and enjoyment of the website/Services;
- post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- attempt to gain unauthorized access to any of the Services, other customer accounts, computer systems or networks connected to the website/Services through hacking, password mining or any other means.

You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials uploaded/posted by you or other website users (“User Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such User Content originated. We do not control or endorse the User Content and cannot guarantee the accuracy, integrity or quality of such User Content and you acknowledge that by using the Services you may be exposed to User Content that is offensive and/or indecent. A&C will not be liable in any way for any User Content or for any loss or damage of any kind resulting from the use of any User Content transmitted via the Services and you agree to bear all risks associated with the use of any User Content, including any reliance on the accuracy or completeness of such User Content.

Monitoring - We have no obligation to monitor the Services but shall be entitled to review materials posted to or via the website and, at our sole discretion, to remove any material that breaches these terms or is otherwise objectionable.

IF YOU BREACH THESE TERMS OR CONTENT USAGE RULES
If you are in breach of, or we suspect you are in breach of, these terms then we may take any/all of the following actions:
- issue a warning to you;
- effect an immediate, temporary or permanent withdrawal of your access to your account and/or the website/Services however you will remain responsible for all outstanding amounts on your account;
- take legal action against you; and/or
- disclose such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited and we may take any action we reasonably deem appropriate.

TERMINATION
We reserve the right to terminate your access to the Website and/or any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms. We may also at any time, at our sole discretion, discontinue the website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the website/Services

PRIVACY POLICY
We recognize that your privacy is very important to you and that it is your right to control your personal information. We know that providing personal information is an act of trust and we take that trust seriously.

Personal Information - If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Website/Services. A&C will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: 1) we are required to by law; or 2) if it is necessary to provide the Services you have asked for.

Communications from Us and Mailing Lists - In order to keep our users informed about the operation of our website/Services, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also offer options for you to sign up for our mailing lists without having to use any product or service. For additional information and offers, we give you the option of joining our mailing lists. Any promotional e-mail from us will come with instructions for how to unsubscribe from the mailing list. Competitions - We may hold competitions in connection with the Service, or in partnership with one or more of our partners or sponsors, as part of which, we may request contact information from you when you enter. We will use the information you provide to conduct the competitions and for other purposes to which you consent. If we offer competitions with third parties, we may share the information we obtain from you with them. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to participate in the applicable competition.

Payment Information - If you pay A&C for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by A&C other than to facilitate the provision of Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.

Use of Discount Codes & Gift Certificates– Discount Codes and Gift Certificates for Services may be provided from time to time by A&C, its partners or sponsors. If you redeem a discount code to pay for Services, you may be required to provide additional personal information which may be shared with a third party. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether to use the voucher.

Your Rights - If you are a registered user, you have certain rights under the 1998 Data Protection Act. You have the right to be told what personal information we hold about you on our database. Should you wish to exercise that right, or if you have any questions concerning the A&C privacy policy, please write to: support@galleryac.com Cookies and Third Party Advertising - We use a technology called “cookies” as part of our normal business procedure to enhance the user experience and to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

Aggregated Information - To monitor and improve the performance of our technology, we capture other data such as search criteria, results, downloads and purchases. We only share this data on an aggregate basis for instance to chart reporting companies for compilation of sales charts. We also gather information such as date, time, connection speed and IP address of all service users. We keep this information for our internal security audit log, aggregate trend analysis and system administration. We sometimes use third party service providers to help us track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user’s movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analyzed on an aggregated basis solely for the purpose of internal analysis by A&C to improve the Service. Security – A&C has implemented technology and security features, as well as strict internal guidelines, to safeguard the privacy of your personal information from unauthorized access or improper use. We employ SSL encryption to secure your personal data and payment information. We will continue to enhance our security procedures as new technology becomes available. While we make every effort to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

DISCLAIMERS AND LIMITATION OF LIABILITY
You agree you will have no claim against us, in respect of any decision to remove digital items from this website or any decision to suspend or terminate your access to this website/Services. In the absence of any negligence or other breach of duty by A&C, the use by you of the website/Services is entirely at your risk.

A&C warrants that it will provide the Services with reasonable skill and care and substantially as described in these terms. A&C does not make any other promises or warranties about the website/Services.

A&C will not be liable under these terms for any loss or damage caused by A&C or any of its employees or agents in circumstances where:
- there has been no breach of a legal duty of care which is owed by A&C or any of its employees or agents;
- the loss or damage is not a reasonably foreseeable result of any breach of these terms.
- A&C will not be liable under these terms for any increase in loss or damage you suffer resulting from a breach by you of these terms.
- You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these terms or default in the discharge of your obligations.
- Nothing in this section shall have the effect of excluding or limiting either our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).

LINKS TO THIRD PARTY WEBSITES
The website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that A&C is not responsible for the content or availability of any such websites. We recommend you review those website's terms and conditions and privacy policies to ensure you are happy to use them.

GOVERNING LAW
Contracts for the purchase of items through this website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Ontario.

QUESTIONS OR COMPLAINTS?
If you have any queries at all regarding this website, the items featured on the website or any of the terms, please do not hesitate to contact Customer Support and we will be very pleased to help.

 
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